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HomeMy WebLinkAboutItem 07 - CU12-38 Southwest Bank IWTEM # P2A: 6 TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER 6' SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: OCTOBER 16, 2012 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE PERMIT APPLICATION CU12-38 SOUTHWEST BANK + r I I I �-- Grapevine j Lake APPLICANT: Barney C. Boydston 5 I � 1 I.H.1635 Northwes I PROPERTY LOCATION AND SIZE: _1 I The subject property is located at 2050 Hall-Johnson Road and is proposed to be platted as Lot 1, Block 1, Hall-Johnson sy A°P ;SWB Addition. The site contains approximately 1.349 _ I acres and has 235 feet of frontage along the northbound State Highway 121 Service Road and Fm Glade Rd. m 226.83 feet of frontage along Hall-Johnson Road. c REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to allow for a bank with drive through service. The applicant intends to develop a two story, 16,718 square-foot bank with two drive through lanes that will be accessed on the east side of the subject site from an existing private drive and a newly created drive on the northbound State Highway 121 Service Road. One monument sign 10 feet in height and 40 square feet in area is proposed at the southwest corner of the subject site. PRESENT ZONING AND USE: The property is currently zoned "CC" Community Commercial District and is undeveloped. 0:IZCU/CU12-38.4 1 October 11.2012(9:13AM) HISTORY OF TRACT AND SURROUNDING AREA: The subject property and surrounding property to the north, east and west were rezoned in the 1984 City Rezoning to"CC"Community Commercial District. The property to the south was rezoned in the 1984 City Rezoning to "PCD" Planned Commerce Development District. A CVS Pharmacy has been developed in that location. At the September 17, 1996 meeting, Conditional Use Request CU96-23 (Ord. 96-23) was approved for a convenience store with gasoline sales, off premise consumption of alcoholic beverage sales and a pole sign and monument sign with changeable copy in excess of 30 percent on the property to the west. The property to the west is developed as an Exxon gas station. At the June 17, 1997 meeting, Conditional Use Request CU97-30 (Ord. 97-05) was approved for a personal care facility (Atria Senior Quarters) on the property to the north and east. At the August 4, 1999 meeting CU99-37(Ord. 99-115)approved changes to the personal care facility including relocating parking and minor cosmetic changes to the site. At the November 20, 2007 meeting CU07-33 (Ord. 07-65) approved changes including adding a walking trail,terrace and courtyard to the personal care facility on the property to the north and east. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "CC"Community Commercial District—Atria Grapevine Retirement and Assisted Living Center SOUTH: "PCD" Planned Commerce Development District--CVS Pharmacy EAST: "CC"Community Commercial District—Atria Grapevine Retirement and Assisted Living Center WEST: State Highway 121 and "CC" Community Commercial District — Exxon Gasoline Station AIRPORT IMPACT: The subject tract is not located within any of the noise zones as defined on the "Aircraft Sound Exposure: Dallas/Fort worth Regional Airport Environs" map. MASTER PLAN APPLICATION: The Master Plan designates the subject property for Commercial land uses. The proposed development is in compliance with the Master Land Use Plan. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates Hall-Johnson Road as a Type C, Minor Arterial with a minimum 80-foot right-of-way developed as 4 lanes with a turn lane. /at 0:2CUICUI2-38.4 2 October 8,2012(2:01 PM) 30 29 28 27 26 25 vy 1 2 3 4 c7 29 5 M R 28 6 R 27 R R 255 4 F R ON 0) 1 2 3 .� m 4 C m 5 20 19 1 6.835 an malfffiffillEm 15 I 1 . . . . . 1 2 . . . :TRH: . . 3 . . . S 4 10 5 . . - - - - - 20 6 19 7R:3A?C° •_ 18 7R- .658 - 1 16 1.377 ® : : : : : : : d R 5 a R d H LL JOHNSON F D HALL 2 3 4 a 5 r J 1 2.00 Q IL .6930 DIN 2 TR 3A1 D 1 .902 Q i CM 3 1.046 DS 1 TR 3A1 214-1 Am culz,o8 inch 200 feet oouthwest Bank SEE INK ca��,� �,R• _�: � CITY OFGRAPEVINE �' A 8 r }' CONDITIONAL USE APPLICATION Form "A" PART 1.APPLICANT INFORMATION Applicant Name: Barney C.Boydston-Civil Engineer Applicant Address: 222 W.Exchange Ave.,Suite 105 City/State/Zip Fort Worth,Texas 76164 Phone No. 817-626-7878 Fax No. 817-626-7879 Email Address Mobile Phone 1817-821-3643 A pp licants interest in subject rop e r ty Civi I Engineering consultant for Southwest Bank PART 2. PROPERTY INFORMATION Street Address of subject property 2050 Hall Johnson Road,Grapevine,Texas Legal Description: Lot i1 Block F Addition SWB Addition Legal description of subject property (metes &bounds must be described on 8 112"x 11"sheet Size of subject property: acres-1 50 square footage Lot size: 58,802 s.f. (Net: 58,653 s.f.) Present zoning classification�CC Community Commercial Distrir Proposed use of property Proposed Bank Zoning ordinance provision requiring a conditional use Banking Drive Through Lanes PART 3. PROPERTY OWNER INFORMATION Property Owner Southwest Bank Prop Owner Address 1,4100 International Plaza,Suite 900 City/State/Zip Fort Worth,Texas 76109 Phone No. 817-298-5655 Contact: Evelyn Dedman Fax No. 817-298-5775 ❑ Submit a letter describing the proposed conditional use and note the request on the site plan document ❑ In the same letter,describe or show on the site plan, and conditional requirements or conditions imposed upon the particular conditional use by applicable district regulations(example:buffer yards,distance between users) • In the same letter,describe whether the proposed conditional use will,or will not cause substantial harm to the value, use,or enjoyment of other property in the neighborhood. Also, describe how the proposed conditional use will add to the value,use or e in the neighborhood. • Application of site plan approval(Section 47,see attached Farm'B". • The site plan submission shall meet the requirements of Section 47, Site Plan Requirements. PY • All conditional use and conditional use applications are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion of the staff. Based on the size of the agenda,your application may be scheduled to a later date. • All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings MY not be tabled. • Any changes to a site plan(no matter how minor or major)approved with a conditional use or conditional use permit can only be approved by city council through the public hearing process. ❑ I have read and understand all the requirements as set forth by the application for conditional use or conditional use permit and acknowledge that all requirements of this application have been met at the time of submittal. PART 4.SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEST AND PLACE A CONDITIONAL USE REQUEST SIGN ON THE SUBJECT PROPERTY ........... ;Barney C.Boydston TW,v C__ 7 Print Applicant's Name Applicant'slignature The State of Texas County of Tarrant Before me (notary) � on this day personally appeared (applicant)I p3r.LrnN C_ 1 As+m known to me (or proved to me on the oath of card or other document)to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal) Given under my hand and seal of office this is�' day of A.A. PW^VI SUSAN E. HAMPTON ti NOTARY PUBLIC /-N-- STATE OF TEXAS I-- --------- My ;omm Exp.ID-31-2015 Notary In and For State of Texas , ;Evelyn Dedman-Southwest Bank Print Property Owner's Name Property Owner's Signature The State of Texas County of Tarrant Before me (notary) tx's on this day personally appeared (applicant) tsejl�a� known to me (or proved to me on the oath of=or other document)to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal) Given under my hand and seal of office this mar day of A.D. : 1 vas�- SUSAN E, HAMPTON Notary In and For State of Texas NOTARY PUBLIC STATE OF TEXAS My'j'omm.Exp.10-31-2015 VEP 012 1By ACKNOWLEDGEMENT /�, a_�g All Conditional Use and Special Use Applications are assumed to be complete when riled and will be placed on the agenda for public hearing at the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date. All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be tabled. Any changes to a site plan (no matter how minor or major) approved with a conditional use or a special use permit can only be approved by city council through the public hearing process. Any application for a change in zoning or for an amendment to the zoning ordinance shall have, from the date of submittal, a period of four months to request and be scheduled on an agenda before the Planning and Zoning Commission and City Council. If after said period of four months an application has not been scheduled before the Commission and Council said application shall be considered withdrawn, with forfeiture of all filing fees. The application, along with the required filing fee may be resubmitted any time thereafter for reconsideration. Delays in scheduling applications before the Planning and Zoning Commission and City Council created by city staff shall not be considered a part of the four month period I have read and understand all of the requirements as set forth by the application for conditional use or special use permit and acknowledge that all requirements of this application have been met at the time of submittal. Signature of Applicant Date g 3!�J Z_..._ ....._ n..�_n .._.aaa,�,,,,,,,,mm Signature of Property Owner Date EFlo SEP 4 2012 Y ORDINANCE NO. AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU12-38 FOR A BANK WITH DRIVE-THROUGH SERVICE IN A DISTRICT ZONED "HC" HIGHWAY COMMERCIAL DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application was made requesting issuance of a conditional use permit by making applications for same with the Planning &Zoning Commission of the City of Grapevine, Texas, as required by State statutes and the zoning ordinance of the City of Grapevine, Texas, and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas, after all legal notices requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether this requested conditional use permit should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control; protection of adjacent property from flood or water damages, noise producing elements, and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting, and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street locating spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; the effect on the overcrowding of the land; the effect on the concentration of population; the effect on the transportation, water, sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council of the City of Grapevine,Texas,,did considerthe following factors in making a determination as to whether this requested conditional use permit should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, all of the requirements of Section 48 of Ordinance No. 82-73 have been satisfied by the submission of evidence at a public hearing; and WHEREAS,the City Council further considered among otherthings the character of the existing zoning district and its peculiar suitability for particular uses and with the view to conserve the value of buildings and encourage the most appropriate use of land throughout this City; and WHEREAS, the City Council of the City of Grapevine, Texas, does find that there is a public necessity for the granting of this conditional use permit, that the public demands it, that the public interest clearly requires the amendment, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and WHEREAS, the City Council of the City of Grapevine, Texas, does find that the conditional use permit lessens the congestion in the streets, helps secure safety from fire, panic and other dangers, prevents the overcrowding of land, avoids undue concentration of population, facilitates the adequate provisions of transportation,water, sewerage,schools, parks and other public requirements; and WHEREAS, the City Council of the City of Grapevine, Texas, has determined that there is a necessity and need for this conditional use permit and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the property requested for a change since this property was originally classified and, therefore, feels that the issuance of this conditional use permit for the particular piece of property is needed, is called for, and is in the best interest of the public at large,the citizens of the City of Grapevine,Texas,and helps promote the general health, safety and welfare of this community. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: ORD. NO. 2 Section 1 , That the City does hereby issue a conditional use permit in accordance with Section 48 of Ordinance No. 82-73,the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also known as Appendix"D"of the City Code, by granting Conditional Use Permit CU 12-38 to allow a bank (Southwest Bank)with drive through service in a district zoned "CC"Community Commercial District Regulations within the following described property: Lot 1, Block 1, SWB Addition (2050 Hall Johnson Road) all in accordance with a site plan approved pursuant to Section 47 of Ordinance No. 82-73, attached hereto and made a part hereof as .Exhibit "A", and all other conditions, restrictions, and safeguards imposed herein, including but not limited to the following: None. Section 2. That the City Manager is hereby directed to amend the official zoning map of the City of Grapevine, Texas, to reflect the herein conditional use permit. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said City of Grapevine zoning ordinance and all other applicable and pertinent ordinances of the Cityof Grapevine, Texas. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. They have been designed with.respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets;to secure safely from fire, panic, flood and other dangers; provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; facilitate the adequate provisions of transportation,water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions forthe normal business, commercial needs and development of the community. They have been made with reasonable consideration, among other things, of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Grapevine, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances which are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract or tracts of land described herein. Section 7. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum ORD. NO. gm 3 not to exceed Two Thousand Dollars($2,000.00)and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. That the fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 16th day of October, 2012. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4